UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,121

BORG WARNER

TRANSMISSION PRODUCTS LLC DIVISION

FRANKFORT, ILLINOIS

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended (the Act), 19 U.S.C. § 2273, the Department of Labor
(Department" herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance (TAA) for workers.

The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:

(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;

(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or

(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated November 19, 2021 and
filed on December 22, 2021, by a company official, on behalf of
former workers of Borg Warner, Transmission Products LLC Division,
Frankfort, Illinois (hereafter referred to as the "worker group").
In accordance with 20 C.F.R. 618.110 a worker group is defined as,
""¦inclusive of teleworkers and staffed workers." The worker group
is engaged in activities related to the production of motor
products and accessories. The petition identifies a facility
closure in 2021 and a shift in production to Mexico.

During the course of the investigation, the Department
collected information from the petition and the workers' firm.

Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become
totally or partially separated.

Section 222(a)(2)(B) has been met because there has been a
shift by the workers' firm of the production of like or directly
competitive articles to a foreign country and the country to
which production shifted is a party to a free trade agreement with
the United States.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act, the Department
herein presents the results of its investigation regarding
certification of eligibility to apply for ATAA for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

The Department has determined that Section
246(a)(3)(A)(ii)(II) has not been met because workers in the
workers' firm possess skills that are easily transferable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Borg Warner,
Transmission Products LLC Division, Frankfort, Illinois, who are
engaged in activities related to the production of motor products
and accessories, meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:

"Workers of Borg Warner, Transmission Products LLC Division,
Frankfort, Illinois, who became totally or partially
separated from employment on or after November 19, 2020,
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended; and I
further determine that workers of Borg Warner, Transmission
Products LLC Division, Frankfort, Illinois, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."

Signed in Washington, D. C. this 6th day of January, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance